The London Legacy Development Corporation (Planning Functions) Order 2012

EXPLANATORY NOTE

(This note is not part of the Order)

The London Legacy Development Corporation (“the LLDC”) was established by the London Legacy Development Corporation (Establishment) Order 2012 (S.I. 2012/310) for the purpose of regenerating the Olympic Park and surrounding areas.

This Order makes the LLDC the local planning authority for the whole of its area (“the planning functions area”) in relation to all types of development for the purposes of Part 3 of the Town and Country Planning Act 1990 (“the 1990 Act”) (Article 3). It confers on the LLDC the functions of the 1990 Act and the Planning (Listed Buildings and Conservation Areas) Act 1990 which are specified in Part 1 of Schedule 29 to the Local Government, Planning and Land Act 1980 (“the 1980 Act”) (Article 4). It also confers on the LLDC the functions of Schedule 8 to the Electricity Act 1989 so far as applicable to applications for consent under section 37 of that Act (Article 5).

The Order applies other provisions of the 1990 Acts specified in Part 2 of Schedule 29 to the 1980 Act to the LLDC and to the planning functions area, subject to the modifications set out in that Part (Article 7).

Article 8 of this Order revokes the following orders—

(a) the London Thames Gateway Development Corporation (Planning Functions) Order 2005;

(b) the Olympic Delivery Authority (Planning Functions) Order 2006;

(c) the London Thames Gateway Development Corporation (Planning Functions) (Amendment) Order 2006; and

(d) the London Thames Gateway Development Corporation (Planning Functions) (Amendment) Order 2011.

The effect of revoking the Orders is that the London Thames Gateway Development Corporation (LTGDC) and the Olympic Delivery Authority (ODA) cease to be the local planning authorities, in relation to the types of development and for the purposes specified in those Orders, for their areas. The planning functions concerned will be exercised, in the planning functions area, by the LLDC. Outside of the planning functions area the planning functions concerned will revert to the councils of London Boroughs (“borough councils”) which, but for these Orders, would be the local planning authorities.

Schedule 1 of the Order makes transitional provision in relation to functions exercised prior to the date on which this Order comes into force by borough councils which will be exercised after that date by the LLDC. Provision is made for the transfer of planning functions and planning applications from the borough council to the LLDC, the payment of compensation, planning obligations, local plan making, local development orders and neighbourhood planning.

Schedule 2 of the Order makes transitional provision in relation to functions exercised prior to the date on which this Order comes into force by the LTGDC and the ODA which will be exercised after that date in the development area by the LLDC and outside the development area by a borough council. Provision is made for the transfer of planning functions and planning applications from the LTGDC and the ODA to those authorities, the payment of compensation, planning obligations, local development orders and neighbourhood planning.

An Impact Assessment has not been prepared for this instrument as it has no impact on business, charities or voluntary bodies.